Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
Tenth Circuit in United States v. Ailon-Ailon. The court held that a federal district court judge could not deny bail to the defendant, who was facing prosecution for illegal reentry and who was also the subject of an ICE detainer, solely due to the risk that ICE would remove him before his criminal trial, finding that …
The Sixth Circuit granted the petition for review of the BIA’s denial of relief under the Convention Against Torture (CAT), holding that given the likelihood that the petitioner would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the BIA erred in concluding that the petitioner failed to …
Politico reports on the not-guilty verdict issued by a jury yesterday in the trial of Mexican national Jose Ines Garcia Zarate for the murder of Kate Steinle in San Francisco in 2015. In response to the verdict, both Attorney General Jeffrey Sessionsand ICE Deputy Director Tom Homan issued statements accusing officials in so-called “sanctuary cities” of endangering their constituents. not-guilty …
Question: I have lots of years of experience and lots of publications and awards. However, I don’t have an employer to sponsor me. Is there any other option? Answer: There might be. EB1-A or EB1-EA is a subgroup of first preference employment-based immigration (EB-1). This immigration preference category is for foreign nationals of extraordinary ability …
oday a federal judge largely blocked the Trump administration from implementing the latest version of the president’s controversial travel ban, setting up yet another legal showdown on the extent of the executive branch’s powers when it comes to setting immigration policy. The latest ban was set to fully go into effect in the early morning hours of Wednesday, barring …
The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary …
PBS reports that President Trump’s March 6, 2017, Executive Order, which included a four-month worldwide ban on refugees entering the United States, expired today. Refugees seeking entry to the United States will now face what officials have described as a more stringent and thorough examination of their backgrounds, in line with the Trump “extreme vetting” policy for …
USCIS issued a policy memorandum that supersedes and rescinds the April 23, 2004, memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015, policy memorandum titled “L-1B Adjudications Policy.” The memorandum, which is effective immediately, provides updated …
As of October 2, 2017, all I-140-based adjustment of status applicants are being required to appear for an in-person interview at a USCIS Field Office. Employment based immigration Employment based immigration attorney Employment based interviews Family and employment based applicants on the rise
The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in …
The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation …
The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” …
Touting national security concerns, President Trump has been swiftly implementing burdensome, ineffective, and unnecessary policies through executive actions and memoranda, including implementing several travel bans on Muslim-majority countries and refugees, and now requiring USCIS to conduct in-person interviews with people who have already been thoroughly vetted. Federal agencies like DHS and DOS are not being transparent about how …
along with: In an effort to help mitigate delays associated with connecting State Workforce Agency (SWA) documentation to the employer’s pending H-2A or H-2B application and provide employers with better customer service, DOL’s Office of Foreign Labor Certification (OFLC) announced an update to its iCERT System to allow authorized SWA staff to electronically upload supporting documentation and …
Question: Hello. I have no family in the U.S., but would very much like to immigrate to the U.S. I am educated. Is there any other way? Answer: Yes, you can be petitioned through employment through what is known as the PERM. There are 3 major steps to obtaining a Green Card through Employer Sponsorship: …